Samsung Electronics America Inc. (“Samsung”) hereby notifies the Court that the parties
have continued to meet-and-confer to narrow the issues before the Court related to Samsung’s
Motion to Compel Infringement Contentions In Compliance With Patent Rule 3-1 and to Limit
e.Digital to Its Prior Theories (Docket No. 139) (“Motion to Compel”). Samsung wishes to
apprise the Court of the following developments in connection with this Motion to Compel:
1. The parties have executed today a co-pending Stipulation Between e.Digital And
Samsung Regarding Dismissal of All Claims of U.S. Patent Nos. 5,787,445 and 5,839,108. In
view of that Stipulation, Samsung hereby withdraws the requests for relief in its Motion to
Compel to the extent related to U.S. Patent Nos. 5,787,445 and 5,839,108, as those requests now
are moot in light of e.Digital Corporation’s withdrawal of its claims of infringement of those
patents. The requested relief that now is moot includes all the relief sought in Samsung’s
proposed order at item nos. 6, 8, 9, 10, 11 and part of the relief sought in item no. 12. (Samsung
maintains its request for relief in its Motion to Compel to the extent related to U.S. Patent Nos.
5,491,774 and 5,742,737. The requested relief that Samsung still seeks includes all of the relief
sought in Samsung’s proposed order at item nos. 1-5, 7, and 13, and part of the relief sought in
item no. 12.)
2. e.Digital Corporation has provided today its Third Amended Disclosures of
Asserted Claims and Preliminary Infringement Contentions to Samsung Electronics America,
Inc. Samsung is reviewing this disclosure to determine if any additional issues that are the
subject of the Motion to Compel can be narrowed or eliminated. Accordingly, Samsung will
notify the Court if any such issues are resolved.
Dated: April 1, 2009 Respectfully submitted,
